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Treatment of Prisoners.

Dáil Éireann Debate, Thursday - 8 July 2004

Thursday, 8 July 2004

Questions (1)

Jim O'Keeffe

Question:

1 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the details of all aspects of the regime and practice, including any special privileges or treatment, applicable to the day to day life of the persons imprisoned in respect of the killing of a person (details supplied) in Castlerea; the way in which that regime and practice, privileges and treatment differs from that applicable to other persons detained in Castlerea; and if he will make a statement on the matter. [20857/04]

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Oral answers (8 contributions)

The prisoners referred to by the Deputy are detained in the area of Castlerea prison known as the Grove. The regime applicable to these prisoners is the same as that applied to the other 36 prisoners detained in the Grove area of Castlerea Prison.

The prisoners detained in the Grove must remain inside their accommodation between the hours of 10.30 p.m. and 8 a.m. They are generally free to move around this enclosed area during the other hours of the day and can avail of facilities, including visiting units, a communal kitchen and dining hall, a recreation hall and gym, an education unit and workshops and an outdoor recreation area. Education classes are generally available from 10 a.m. to 12 noon and from 2 p.m. to 4 p.m. Workshops in this area are generally open from 9 a.m. to 7 p.m.

A high level of trust is placed in each prisoner to conform to the rules of the unit without close supervision. While the regime is not strict in the conventional meaning, the prisoners are held in secure custody. The area is surrounded by perimeter walls, is covered by CCTV and is supervised by prison staff at all times. In addition, there are rules and regulations which have to be adhered to, for example, each house is subject to random searches by prison staff.

The Minister set out the regime applicable to those who are in Castlerea Prison, including the killers of Garda Jerry McCabe. That is the most heinous crime for which anybody could be incarcerated. It has been suggested that they are in receipt of preferential treatment above and beyond the fact that they are in the Grove part of the prison. They are lording it over other prisoners and set down their own rules and regulations as to who may be in their company. They insist that any food cooked for them is not cooked by certain categories of prisoner, for example, those convicted of drugs charges. They do not allow anybody convicted of such charges to work in their immediate vicinity. In addition, on a daily basis they fax down their requirements to the local shop and these are delivered to them. Is that correct and, if so, is it applicable to other prisoners in our prisons? Does the Minister not accept that this is preferential treatment? Why should people who are in prison for such a heinous crime receive this preferential treatment? I cannot think of anything worse than the killing in cold blood of a member of the Garda Síochána.

I believe these people are held on substantially the same terms as other prisoners. Deputy Jim O'Keeffe said they tend to be clannish and exclusionary in their dealings with other prisoners. In an area of free association and dissociation, it is not possible to force prisoners to interact with each other. The regime, effectively, allows groups or sub-groups within the Grove to stick to themselves if that is their desire.

The Grove consists of seven separate houses where inmates live in a domestic type environment. In total, there are 40 prisoners, including 11 provisional IRA prisoners, two INLA prisoners and 27 non-aligned prisoners. Some of the descriptions of the basic accommodation in this area give a misleading impression of luxury and tend to ignore the reality that the inmates there, as elsewhere in the prison system, are behind prison walls and in secure custody.

The Deputy asked about purchasing goods. I am told it is not true that prisoners are entitled to order takeaway food. I understand that from 1973 a regime existed in Portlaoise Prison which enabled prisoners belonging to the provisional movement to avail of the finances of a group called Cumann Cabhrach to purchase what is, effectively, tuck. Items are submitted for purchase on the basis that an officer would make purchases from local shops from time to time where that does not involve inordinate time or inconvenience. Any material or goods ordered into the prison are subject to the normal rules and regulations in place for good order and security.

My main concern is the impact of preferential treatment for these killers on the Garda Síochána and prison staff. It was a member of the Garda Síochána who was mercilessly gunned down by these people. The prison staff are witnessing a situation where, in many ways, these prisoners are lording it over other prisoners. Surely the impact of that is obvious.

I am assured that up to relatively recently a prison officer was sent down to the local shop every day with the prisoners' orders but that has now been changed to a situation where they fax their order to the local shop which then delivers to them. I am also assured that it is not a question of them sticking to themselves, they actually lay down restrictions to the effect that other prisoners who are there for far less serious offences, especially those convicted of drugs or sex offences, are not permitted to have any hand, act or part in the cooking of their food or allowed to work in the same vicinity. Does the Minister accept that this is not a good state of affairs, that it is generally bad for morale and, in particular, that it is bad for the morale of the Garda Síochána, for the reasons I described, and for the prison staff in Castlerea Prison.

The Deputy will appreciate that the situation which obtains in the Grove is one which I inherited. I have not improved or disimproved it in any way. The morale of the Garda Síochána is high. I deplore the incident in which a number of Members of this House and members of another Parliament posed for a photograph with the killers of Garda Jerry McCabe. The photograph subsequently appeared in a newspaper. That was a deeply insulting occasion.

Absolutely. Why did the Minister allow it?

It was not permitted. The particular event has not recurred and will not recur. It amounted to an abuse by those Members of this House of the rules of the prison and I condemn their behaviour roundly.

There is rank hypocrisy in people prating on in this House about human rights and posing with people who took the life of an innocent member of the Garda Síochána going about his duty and leaving his wife a widow. It is not simply a matter of Garda morale, it is a matter of national morale. The conduct of Members of this House has an effect on national morale and this incident betokens a complete and total hypocrisy in standards on the part of those Members.

I agree entirely but the Minister will be judged by his actions, which is what I am raising here.

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